EPA v. PLASKOLITE TENNESSEE, LLC

Case summary

MARCH 21, 2023 - CONSENT AGREEMENT On January 28, 2022, Respondent notified the Tennessee Department of Environment and Conservation (TDEC) as a large quantity generator (LQG) of hazardous waste. On June 30, 2022, the EPA and TDEC conducted a compliance evaluation inspection (CEI) at Respondent?s Facility. The EPA?s findings of the CEI were documented in a report emailed to the Facility on September 22, 2022. At the time of the CEI, the EPA determined that the Respondent was using toluene for the past five years to clean three production tanks at its Facility. Upon using the toluene to clean its production tanks, the Respondent generated spent toluene solvent which was transferred to and accumulated in Respondent's solvent hold-up tank. The spent toluene solvent had a flashpoint of less than 140 degrees Fahrenheit and was a D001 characteristic and a F005 listed hazardous waste, respectively. At the time of the CEI, the Respondent had not made a hazardous waste determination on the spent toluene solvent generated and managed at its Facility in its solvent hold-up tank and ancillary equipment. At the time of the CEI, the Respondent had not filed a notification with TDEC to become a handler of hazardous secondary materials in accordance with Tenn. Comp. R. & Regs. 0400-12- 01-.01(5)(c) [40 C.F.R. ? 260.42(a)]. At the time of the CEI, the inspectors observed that the Facility had failed to mark the following containers of hazardous waste with the words ?Hazardous Waste?: four 27-gallon containers within SAAs on the Second Floor Cooler and Hold Tanks Area; one 27- gallon container within a SAA on the First Floor Feed Pump room; one 55-gallon container within a SAA in the Feed Zone Area; one 55-gallon, four 27-gallon and one 3-gallon containers within SAAs in the Color Building; and thirty-four 27-gallon containers within a central accumulation area (CAA). At the time of the CEI, the inspectors observed that the Facility had failed to mark four 55-gallon containers of hazardous waste within the Facility?s CAA with accumulation start dates. At the time of the CEI, the inspectors observed the following open containers of hazardous waste at the Facility: one 27-gallon container within a SAA on the Second Floor Cooler and Hold Tanks Area; one 3-gallon container within a SAA in the Color Building: and one 55-gallon container within a SAA in the Still Bottoms Collection Area. At the time of the CEI, the inspectors observed that the Facility had failed to mark one 55-gallon container of used oil with the words ?Used Oil? within the Facility?s CAA. Respondent allegedly failed to determine that the toluene solvent which became spent upon being used for cleaning production tanks at the Facility was a D001 characteristic and F005 listed hazardous waste. Respondent allegedly failed to notify TDEC as a handler of hazardous secondary materials for its management and treatment of spent toluene solvent. Respondent allegedly failed to mark containers of hazardous waste being accumulated at its Facility with the date accumulation began. Respondent allegedly failed to label containers of hazardous waste being accumulated at its facility with the words Hazardous Waste. Respondent allegedly failed to label containers of hazardous waste being accumulated at its facility in SAAs with the words Hazardous Waste. Respondent allegedly failed to keep containers of hazardous waste being accumulated at its Facility in SAAs closed when waste was not being added or removed from the containers. Respondent allegedly failed to label containers of used oil being accumulated at its Facility with the words ?Used Oil.?

Defendants (1)

• PLASKOLITE TENNESSEE, LLCNamed in complaintNamed in settlement

Facilities (1)

• PLASKOLITE TENNESSEE, LLC

  2609 FITE ROAD, MEMPHIS, TN, 38127

  Registry ID: 110070205933

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• PLASKOLITE TENNESSEE, LLCentered 2023-03-21

  Primary law: RCRA

  Federal penalty: $48,000

Timeline (4 milestones)

• 2023-03-21Complaint Filed/Proposed Order
• 2023-03-21Final Order Issued
• 2023-04-03Enforcement Action Data Entered
• 2023-04-10Enforcement Action Closed